Court of Criminal Appeals of Texas
Ex Parte Monte Jay Tarver
December 3, 19861986 Tex. Crim. App. LEXIS 900
Summary
The Court affirmed the Court of Appeals' dismissal of the assault prosecution, holding that double jeopardy does not bar the charge because it is a different offense, but collateral estoppel bars relitigation of the assault fact after the probation revocation hearing found the allegation not true.